12 Things To Tell Your Client About the ICE Hold
by: Sengelsman • December 17, 2012 • no comments
I had the opportunity to go and watch immigration court proceedings at the Tacoma Detention Center in Tacoma, Washington. Over two court sessions, I saw about 15 hearings, most of them bond hearings. Immigration proceedings, including the deportation of non-citizens, are not considered criminal in nature. Therefore - and despite the "respondent" being detained, forbidden from hugging or talking to family, dressed in jail-style outfits, and often handcuffed - NO court appointed counsel is provided. What goes on in these proceedings would make Mr. Gideon very nervous.
Here are the top 12 things all criminal defense attorneys can tell their clients to expect once they arrive in Tacoma:
1. You will not "get" an attorney in Tacoma. You have the right to hire one, but if you cannot afford to hire one, you must represent yourself.
2. You will be provided an interpreter at the hearing.
3. You may get a bond hearing. At that bond hearing, expect to hear the government bring up unresolved and even dismissed charges. This is particularly the case for DUIIs, drug charges, DV charges and serious felonies. The government may ask for "no bond", meaning no amount of money can get you out. If you are taken to Tacoma because of a criminal charge, you may be denied a bond hearing on the basis that your conviction is one that requires "mandatory detention."
4. At a bond hearing you will need to present your own evidence. Family and friends are permitted to bring evidence to court for the judge to review. The judge will not accept letters from friends or family members unless they are in English (I watched the judge hand back and not consider about 8 of 10 letters because they were in Spanish).
5. Anyone coming to see you in court (or to visit you) must show identification. They should expect to be asked "citizen or non-citizen" by the guard checking them in.
6. At a bond hearing, ties to the community are very important. For example, be ready to show that you have family here, a job, a home, and potentially some grounds for relief from removal. If you have family (including children) who are US Citizens or LPRs, tell the judge.
7. At your bond hearing, the judge will ask you (among other questions): (1) when you first entered the country, (2) whether you've left the country since then, (3) whether you have any medical problems, (4) whether you have fear of returning to your home country, and (5) whether you have ever been the victim of a crime in the United States. Be prepared to answer those questions, particularly the "fear of returning." If you do have legitimate fear of returning, you may be eligible for asylum. If you have been a crime victim, you may be eligible for a U Visa.
8. At your bond hearing, you will be expected to request a bond amount.
9. If you are eligible for asylum or a U visa, expect to prepare and file the application entirely by yourself. For a U visa application, this includes sending the visa out for law enforcement certification.
10. If you do get a bond amount set, you must pay the total, not just 10%. There are bond companies available to help you or your family post bond.
11. Anyone posting bond for you will be required to show identification and proof of lawful status in the United States.
12. If you do post bond and are released, know that failure to show up could mean you are deported in your absence. This makes you ineligible for cancellation or other relief for 10 years.
There is nothing stress-free about the nature or ramifications of immigration proceedings. If you represent a non-citizen, provide your client or his family with the names of some reputable immigration attorneys or non-profits doing work on behalf of immigrants facing removal proceedings.
And, as always, if you are a criminal defense attorney representing a non-citizen, please remember MPD's Padilla project (http://www.mpdlaw.com/immigration). The charge to which your client pleads or the exact length of his sentence imposed can quite literally mean the difference between mandatory deportation and the chance to stay in the United States. This applies even to low-level misdemeanors and potentially violation-level offenses.
